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South Daytona Legal Blog

An attorney can help you appeal a denied insurance claim

So, you were involved in an accident. You've submitted your claim to the other driver's insurance, but it was denied. Now what are you supposed to do? After all, it seemed like a pretty open-and-shut case when you were at the scene. While this kind of situation may seem like the end of the road, it is not. In fact, it is rather common for insurers to deny a claim if they find any particular reason to justify doing so. Fortunately, an experienced attorney knows how to push back against the insurer and pursue a fair resolution to your accident.

In most cases, the insurer maintains its own appeals process. an attorney can help you navigate this appeals process and also guide you about when it may be time to abandon the appeals process and pursue a lawsuit. In many cases, insurance companies are merely trying to save money on their own bottom line, but the prospect of a legal battle makes this approach less lucrative than it might be otherwise.

Does Florida have zero tolerance laws?

For those over 21, DUI laws typically center around the .08 blood alcohol concentration (BAC) limit. Adult drivers who show slight traces of alcohol -- perhaps from having a beer with dinner -- may not wind up with a DUI as long as they're not impaired.

Zero tolerance laws, though, make things even more strict. They're aimed at people who are under 21 years old. After all, you can legally drive at 16, but you can't legally drink for five more years. Any driver under 21 should theoretically never have any alcohol in his or her system.

How you can reduce your risk of being injured in a taxi crash

Researchers have combed the records of millions of crash cases involving both commercial vehicles and personal ones across the world and the verdict is finally in. If you have a choice, you may want to choose to ride in a taxi that's yellow, according to a recent study published in the Proceedings of the National Academy of Sciences.

After ruling out driver errors like speed, car model difference and maintenance issues, researchers determined that accident rates among yellow cabs is far lower than that of blue ones. In fact, in studying the records of one of the biggest taxi companies in the world, they found that the crash rates of blue taxis was at least 9 percent higher than that of yellow ones.

Why was I charged with drinking in public?

The law has always been quite unclear as to whether it is permissible to drink in public. The uncertainty regarding this matter is a big reason why people get charged with illegally consuming alcoholic beverages in public. This matter all comes down to what is known as the open container law. These open container laws vary greatly depending where you are in a city or state.

This blog will provide a brief overview into how the open container law works and how to contest an open container law if you have been charged.

What happens if I am arrested while on vacation?

If you're charged with a crime while in your home city, it can be difficult to deal with. However, if you are arrested and charged with a crime while you are on vacation, it can be even harder to determine how to proceed.

The state where the alleged crime happened has jurisdiction in the case. In many cases, there will be a requirement for you to appear in court several times. If you are released on bail, this makes it even more critical that you appear at every court hearing. If not, you risk being apprehended by a bounty hunter and returned to jail. If you simply decide to return home and not deal with the case, then you could be arrested in your home state and returned to the agency that has jurisdiction.

Who can be held liable in an airplane crash?

Airplane crashes can wreak havoc on the lives of those involved and their families. The crash often results in catastrophic or fatal injuries to crew and passengers. Property damage is often extensive. Determining what caused the crash can be difficult and take a long time. Proving fault can also be just as time-consuming.

Airplane crashes often cause head and neck injuries, organ damage, internal bleeding and broken limbs. Respiratory problems and burns can result as well. Only 20 percent of airplane crashes are fatal, but these are generally the ones that make headlines. For the families of those who lost a loved one, a wrongful death lawsuit may be needed to recover compensation.

More highway safety measures needed to stop wrong-way crashes

In 2013, two 21-year-old women were killed in Florida in a wrong-way crash. State traffic officials started installing flashing signs, cameras and other warning system measures at entrance ramps.

None of these warning devices are in Volusia County on Interstate 95, though, and recently another 21-year-old woman was killed in a wrong-way crash.

Smoking marijuana on your Florida beach vacation could cost you

You and your family or significant other came down to Florida to enjoy a relaxing vacation. You wanted to hit the beach, soak up some sun and enjoy the vibrant summer night life on the Florida coast.

Maybe you were already drinking and making poor decisions, or perhaps you thought a little marijuana could help you relax. You probably thought there was no harm in sparking up a joint on the beach, but then law enforcement showed up. Maybe your hotel reported that skunky smell from your room. Maybe you just happened to be in the wrong place at the wrong time. Now, you're facing criminal charges.

Make a plan when you are struck by a commercial driver

There is no reason why a person who is driving a commercial vehicle, such as a semi-truck, doesn't drive safely. These individuals are being paid to drive, which is why they should make sure they are paying close attention to what they are doing. Sadly, some employees just don't care enough to be bothered with giving their full attention to the road.

Some of these drivers treat their driving time more like personal time rather than work time. This can spell disaster if the person gets distracted while they are driving. A distracted driver is a very dangerous driver.

Is being drunk a defense to a criminal act?

As a tourist, there may be times that you're not familiar with the laws of the locations you visit. That doesn't excuse you from breaking the law, but it can sometimes work in your defense. One thing that you shouldn't try to do is to explain your actions away by stating that you were drunk.

While there are many good ways to defend yourself, admitting that you were so intoxicated that you made a bad choice is not a great idea. There is only one exception to this rule, which is if you were not drinking and yet somehow became intoxicated. That may point to involuntary intoxication, which could be a solid defense for your case.

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